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Orissa Court June 2010 Judgments

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Jun 22 2010

Purushotam Institute of Engineering and Technology, Rourkela and anr. ...

Court: Orissa

Decided on: Jun-22-2010

1. The petitioner no.1 is a professional institution imparting courses in Engineering and Technology. It is revealed from the facts of the case that the petitioner no. 1 charged certain amounts from one of the students for purchase of a LAPTOP to be provided to her. The Policy Planning Body constituted under the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007 (for short, 'the Act') coming to know about the same, issued a notice as contemplated under section 5 (2) of the Act, calling upon the petitioners to appear before the Policy Planning Body and show cause to the complaint received by it. Upon hearing the same, after filing of the show cause by the petitioners, a recommendation was made by the Policy Planning Body to the Government as per its resolution in the proceeding dated 27.5.2009 for imposing a fine of five times the fees charged by the petitioner no. 1 institution which comes to Rs. 5.40 lakhs. The Policy Planning Body fur...


Jun 22 2010

Durga Condev Pvt. Ltd. Vs. Executive Engineer, Bhanjanagar and ors.

Court: Orissa

Decided on: Jun-22-2010

1. The petitioner-contractor has filed this application under section 11 (4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the Act' in short) requesting this Court to appoint an arbitrator unconnected with the parties in any manner to settle the dispute between them urging various facts.2. Facts in brief are stated as hereunder:The petitioner, a Super Class contractor, was awarded with a contract work by opposite party no.1 vide agreement No.NCB-1/97-98 (Package No.1 A for improvement to Rushikulya Main Canal from RB .002 to 13.69 KM). The date of commencement and completion of work were 17.11.1997 and 16.5.2000 respectively for the contractual price of Rs.3,65,10,200.00.3. After the contract was awarded in its favour, it mobilized man power and machineries to complete the work within the stipulated time as per the work programme furnished to him along with the agreement. In course of execution of the work, the work operation got frequent suspension by the pri...


Jun 21 2010

Union of India and anr. Vs. Central Administrative Tribunal and anr.

Court: Orissa

Decided on: Jun-21-2010

1.v Union of India, represented by the General Manager, S.E. Railways and two others have filed these writ applications, inter alia, praying to quash the common judgment dated 20.2.2002 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No. 74 of 2001 and 14 other cases. The subject matter of controversy as well as the point of law involved in all these writ applications being one and the same, as requested by learned counsel for both the parties, they are heard together and disposed of by this common judgment.Bereft of unnecessary details, the short facts, which are necessary for effectual adjudication are as follows :For execution of Sambalpur-Talcher Rail Link Project, large patches of land were acquired during the period 1984-85 to 1992-93. Consequent upon such acquisition, number of persons and families were deprived of their ancestral properties and lost all their landed property which affected their livelihood. While the matter stood thus, the petitione...


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